SABIRHUSEN YUSUFBHAI Vs. REVA WD O FULCHAND HARILAL

JUDGEMENT

(1.) The appellant- original plaintiff has preferred this appeal against the findings recorded by the learned City Civil Judge, 8th Court, Ahmedabad on 29.8.1978 in Civil Suit No. 1552/74 and confirmed in First Appeal No. 975/78 by the learned Single Judge of this High Court on 12.1.1983.

(2.) From the record, it transpires that the plaintiff, by an agreement dated 8.4.1973, agreed to purchase property bearing City Survey No. 2600 for an amount of Rs. 17999/ from defendant no.1 Bai Reva, widow of Fulchand. A sum of Rs. 2000/ was paid to defendant no.1 as earnest money and as per stipulation, sale-deed was to be executed within the period of 12 months during which period, defendant no. 1 was required to get her right, title and interest in the suit property cleared.

(3.) From the record, it transpires that after execution of the aforesaid document by defendant no.1, Savitaben, daughter-in-law of defendant no.1 for herself and as a guardian of her minor son Chandrakant together with Babubhai, son of defendant no.1, filed a suit against defendant no.1 and Rasiklal- another son of defendant no.1, for an injunction restraining them from alienating the property in question in any manner whatsoever.